The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1887-04-06

influence, and prominent business man. He
had quite intimate dealings with Kissane and
his partners at Cincinnati. and terms of
friendship with them. The origin OF his suspi-
eion can not be traced now, but on the trial he
swore that at one time he overheard one of the
partners in the counting room cursing God Al
mighty because they heard nothing OF the fate
of the steamer. In any event, these people
owed Burton money. 1t was not paid, and Bur
ton, whose suspicious were keenly aroused as TO
the character of these persons, began to investi-
gate the history Of the lost steamer.
He gave notice to the insurance companies of
his belief in the fact that great crime had
been committed, and with the patience and un-
firing diligence OF trained detective he began
his work. AS he progressed in making proof
after proof that satisfied his own mind as to the
nature and magnitude of the fraud, he became
almost monomaniac upon the subject. He
abandoned his business at home, his family,
spent his own money eagerly and laYishiy in
pursuit OF his ends, and at last his efforts were
crowned with success. The insurance compa-
nies all refused to pay, and suits were instituted
to compel them.
Finally all the coRspirators were arrested and
taKen to Columbus for a hearing before the
United States Commissioner.
United States District Attorney Morton, OF
Toledo, was assisted by Hon. Henry Stansbury
in the prosecution, and the defendants counsel
covered a large number Of the most eminent
lawyers in Ohio, among them Noah H. Swayne
and Thomas Ewing. The defendants went to
Columbus accompanied by their wives and re-
latives. They were fine body Of people, male
and female, some twenty or thirty in number,
had plenty of money, considerable social in
huenee and excited the greatest interest among
men Of all classes. Mr.. Burton gave his testi-
mony, and the whole proof was carefully gone
over. The result was the binding over of the
prisoners to the United States Court, and soon
after bills of indictment for conspiracy
and murder were found against them.
From the day the defendants were
bound over upon the testimony discovered
by Burton, the latter never for a moment
abandoned his pursuit OF the case. He spent his
money with absolute freedom. travelled hun
dreds of miles by rail and steamer, on his horse,
and on foot, looking up testimony necessary to
convict. The writer OF this was present at the
trial OF the case before Justice Mclean. The
venerable Thomas Ewing and the able counsel,
Mr.. Swayne, were assisted by most eminent
lawyers of the Cincinnati bar. The trial lasted
for weeks. The female friends of the defendant
swarmed about Columbus in and out Of court.
The testimony was overwhelming as to the pris-
one1's guilt. Proof of the character of the cargo
its worthlessness and fraudulent insurance, was
amply furnished, and few doubted the gang
would meet punishment. On the conclusion OF
Mr.. Burton's testimony, which upon all impor.
tant points had been clear and Straightforward,
but upon a side issue shaken hy he cool, insO-
lent, persistent, skillful cross ex amin alton by
Colonel Swayne, the prose ecuti~1l rested theiI
case and, to the astonishment of all, the de-
fense, after calling few witnesses, at once SUBJ
mitted their case to the jury. This was
done as a clever trick. There was nc
real defense, and both Ewing and
swsyne dared not allow Mr.. stansbury
TO have the closing argument to the jury. The
United States Attorney, Morton, was wholly un
prepared to address the jury, but he did tie best
he could upon the moment. The defense again
submitted the case TO the court without argu
ment," thus cutting off Stansbury. and, in
effect, placing themselves wholly in the hands
OF the Judge. Judge Mclean charged 50
strangely tnat the jury presented a verdict oi
"not guilty. and this gang of criminals, the
worst Ohio had ever known, escaped conviction.
Kissane was specially noted. Wholesome and
somewhat attractive in person, a very fluent
well dressed, and always appearing
| like a gentleman and refined person,
| he mansged to gain largely the
| sympathy OF the spectators The verdict broke
the heart Of Mr.. Burton. He seemed dazsd by
the shock, and his occupation gone, he returned
! to Cleveland bankrupt in fortune. Having spent
over $4,000 in the pursuit of these rascals, his
interest in Life ceased, and not long after he
died.
His fate caused great sympathy at the time,
and he was regarded with special interest
| Some effort was made to reimburse him Tor his
money expended, but the verdict of mo;
| guilty" was conclusive with the Government
and for his long and wearisome trials
and unselish labors be received no
reward. Soon after the trial the
| gang OF seoundTels separated and left
Cincinnati. They were marked guilty, and
being regarded as robbers and murderers, they
/ skunk at last out of sigat. Kissane, the most
| brilliant of the party, went South, indicted
] for murder Qhe Martha Washington having
sunk opposite Helena), but escaped conviction
| On the death of Burton the public interest in
| the matter ceased, and the case was forgotten
From the writer's knowledge of Kissane and
| his remarkable abilities, it would not be sur
| prising TO find he had changed his name, turned
honest and was doing the honors of a respecta
bic household. His escape from justice is one
| OF the romsnces of the century"